Category: Expertise Patent Law News

Export of a patented drug for experimental purposes is covered under S.107A of the Patents Act, 1970 (India’s Bolar exception), and thus does not amount to Patent Infringement

Bayer Corporation Vs. Union of India & Ors. Decided on 22.04.2019   In a decision that is likely to have a significant impact on pharmaceutical patents and access to medicines, a Division Bench of the Delhi High Court upheld a Single Judge’s decision and ruled that the ‘export’ of a patented invention for experimental purposes […]

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Two Public Notices under PPV&FR Act, 2001 – one under Section 7 & 28 and the other under Section 20(1) of PPV & FR Act, 2001.

The Registrar General under the PPV&FR Act, 2001 issued a public notice under Sections 7 and 28 thereof, purportedly to clarify the extent and scope of rights/power under the Act. Among others, as per this Notice, the power of price fixation of seeds of registered varieties as well as fixation of license fee/royalty for technology that may go […]

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Indian Patent office signing of Pilot Programme on Patent Prosecution Highway with Japan Patent Office.

In a step forward for Patent Prosecution in India, the Government approved the proposal for Bilateral Patent Prosecution Highway (PPH) program between Indian Patent Office and Patent Offices of other interested countries/regions. PPH refers to bilateral arrangement between patent offices that aims to: a) promote work-sharing and b) enable accelerated processing of patent applications. The […]

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Draft Amendment to Form 27 (Statement on working of Patents)

The Government of India has published a draft Form 27 for comments under the Draft Patent (Amendment) Rules, 2019. The proposed amendment issued by the Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce and Industry clarifies the timelines for filing Form 27 as well as revised provisions for providing verified English- […]

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